Winning to move mountains
Author:Supreme inspection Time:2022.07.21
450,000 tons of steel slag piled up in a mountain, and more than 40 acres of land have been occupied for 8 years.
Winning to move mountains
"Under the continuous follow -up supervision of the procuratorial organs, 450,000 tons of steel residue was cleared, and the quality of cultivated land involved in the case has been significantly improved." Recently, the organization of the Steel City Procuratorate of Jinan City, Shandong Province organized experts and relevant departments to illegally occupy agricultural land cases together. The land reclamation situation is evaluated and passed, and all 40.39 acres of land are accepted and accepted, which meets the reclamation conditions. By handling this administrative public interest lawsuit of illegal occupation of agricultural land, the hospital promoted the solution to the "boss difficulty" problem that plagued the local government for 8 years.
Central Environmental Protection Supervision Group
Steel scum mountains in supervision
In 2018, the Central Environmental Protection Inspection Team received a report from the masses during the supervision of Steel City, saying that the area was stacked with steel residue on the land of more than 40 acres of land. In response to this illegal situation, the Central Environmental Protection Supervision Team was listed and supervised, requiring the steel city to investigate and verify and resolve it as soon as possible.
Clean up the scene before the steel residue stacking
"For several years, the steel residue waste produced by the enterprise is stacked here." "Every time the wind is winding, the steel residue stacked in the open air will fly in the sky, causing pollution, so that we can't open our eyes." The prosecutor of the Steel City Procuratorate arrived at the scene. When investigating evidence, local villagers pointed at three tens of meters of Steel Scumbags.
The court immediately held a joint meeting with the relevant functional departments to intervene in advance and guide the investigation of the case. The prosecutor handling the case visited the company involved and the local people. After visiting, the prosecutor learned that all of these steel slag was Zhang Chengfang (a pseudonym) of the director of the village committee where the company was located. In 2014, he purchased the tailings products produced by the enterprise at a lower price. In order to seek profits, violate the law, infringe the interests of the people around the people, and pile the steel slag on the land of the village (including 17.89 acres of agricultural land). Wait for the price of steel slag to sell. Due to the sluggish market, the more and more accumulated, the more 450,000 tons of steel slag mountains were piled up.
The Steel Urban Procuratorate believes that the parties Zhang Chengfang violated land management regulations, occupied cultivated land illegally, and changed the area of cultivated land by 17.89 acres without authorization, causing a large amount of cultivated land, and his behavior was suspected of illegally occupying agricultural land. In order to effectively solve the problem of steel residue stacking, the hospital launched civil public interest lawsuits in a timely manner to determine that Zhang Chengfang's losses caused by illegal occupation of agricultural land and more than 2.43 million yuan required for recovery governance.
On August 8, 2019, the Steel Urban Procuratorate filed a criminal civil public interest lawsuit to the court of the district. In order to protect the ecological environment, the court proposed to Zhang Chengfang to request a lawsuit of more than 40 acres of land reclamation, while conducting court education activities. Zhang Chengfang realized the damage caused by his behavior to the national interests and social public interests, and expressed his guilty and confession for claim.
On December 6 of the same year, the Court of Gangcheng District sentenced the defendant Zhang Chengfang for one year and two months in prison for illegal occupation of agricultural land and fined 30,000 yuan. Clear costs and governance costs of more than 2.43 million yuan.
450,000 tons of steel residue stacked long -lasting. As a competent unit, the natural and resource department of the Steel City area has the problem of inadequate performance. To this end, the Steel Urban Procuratorate issued a pre -procuratorial proposal to the natural and resource departments to the prosecution of the administrative public interest lawsuit, and suggested that the department takes effective measures in accordance with the law to restore the original state of the occupied land; comprehensively fulfill the legal duties of land protection in accordance with the law to prevent the occurrence of such issues Essence
In response to the procuratorial suggestions, the natural resources department carefully implemented rectification, learned lessons, further strengthened the supervision of land and resources, established a diversified law enforcement system, clarified the subject of responsibility, and issued a letter to the relevant streets to strengthen the regulatory supervision of land and resources. The occurrence of illegal acts from the source.
The case was sentenced
Steel slag cleaning is facing obstacles
After the reclamation and acceptance, the prosecutor followed up the supervision and went to the site to investigate.
In order to determine whether Zhang Chengfang fulfilled the civil obligations determined by the judgment, the prosecutor handling the case went to the scene to investigate many times. I did not expect that after Zhang Chengfang returned from his sentence, he still did not learn lessons.
"The nearby crops were affected by the steel slag. A layer of black dust was attached to it. The children were not seen around." The three steel slag mountains still stood there, and the local people were very helpless.
In order to restore the damaged land resources as soon as possible and safeguard the public interests of the society, the Steel Urban Procuratorate implemented the execution supervision of Zhang Chengfang's criminal civil public interest lawsuits. The judge of the case told reporters: "In accordance with the advice of the procuratorial organs, we further expanded the execution of the case and seized the steel residue involved in accordance with the law."
"The natural resources department has been urging me to clear the steel residue as soon as possible, but now the steel residue is seized, and I can't move it." Zhang Chengfang also talked about his reasons.
Prosecutors realized that although the case was sentenced, the cleaning of steel residue was still very obstacle.
Executive judges frankly said: "Zhang Chengfang refused to clean up himself. We can only seize the steel slag involved in the case according to law. The case can only follow the legal evaluation, auction, and selling procedures in accordance with the execution procedure. People will bid, leading to the short rotation of the execution process, we do not have a good way. "
The comrades of the Natural Resources Department said: "The court seized the steel residue involved in the case. We had no administrative forced execution right and could not effectively promote the governance process."
In response to the many issues reflected by various departments, the Steel Urban Procuratorate actively organized a joint meeting to negotiate. It is suggested that the court takes flexible implementation measures to increase its enforcement, and various functional departments actively assist in implementation. Through the conference negotiation, the court terminated the seizure of the steel residue and decided that Zhang Chengfang would remove the steel residue on a time limit.
In response to Zhang Chengfang's previous active performance of implementation obligations, the prosecutor said: "Steel slag is a valuable product. Although the value is low, it is not unable to circulate. You should contact the sales and transportation." Zhang Chengfang immediately said that obeying the court's execution arrangement, and Actively cooperate with relevant functional departments to carry out clearing steel slag.
Follow up supervision
The land is not reclaimed or not collected
Subsequently, the Steel Urban Procuratorate actively followed up the implementation of supervision. Relevant functional departments actively perform their duties, make the progress of engineering progress, and visually display the progress of the project. The daily implementation report of the executor's daily implementation and once weekly scheduling is formulated. The court has also organized the courts, ecological environment departments, natural resources departments, and street offices to hold on -site meetings to study and judge the progress of implementation, analyze and solve the problems of the implementation process, overcome actual difficulties such as changes in the supply and demand of the steel slag market, environmental protection level response and other actual difficulties. In the end, the steel residue was cleaned up with the joint efforts of all parties.
"After the steel residue is cleared, the soil layer of the surface is more than 1 meter thick, which fully meets the conditions of farming." Zhang Zhongxin, an expert of the Shandong Geological Survey Institute of the Sinochem Geological Mine General, expressed his opinions as a member of the acceptance team. The relevant departments have been accepted in accordance with the standards of waste steel slag occupied by the Fifth Geological Brigade of the Shandong Geological Mineral Explanation and Development Bureau of the Shandong Provincial Geological Mineral Explanation and Development Bureau, and more than 40 acres of land have reached the reclamation standards.
After many unremitting efforts, in December 2021, the land involved was reclaimed.
At this point, the problem of "boss difficulties" that has troubled the people of Steel City for 8 years has finally been fundamentally renovated.
"The procuratorial organs led the relevant departments to clean up the 450,000 tons of steel residue for 8 years, which is not easy. Afterwards, it is further trying to coordinate multiple parties so that more than 40 acres of land can be reclaimed and cultivated, it is even more rare!" Liu Yingcai, a representative of the National People's Congress and the director of the Acupuncture and Massage Department of the People's Hospital of Jinan City, highly evaluated the approach of procuratorial organs to perform their duties.
After the case was completed, the Steel Urban Procuratorate insisted on being able to supervise it, often collaborated with the natural resource department, solidly carried out publicity and education with the theme of protecting cultivated land, and cooperated with the safety of cultivated land in the jurisdiction. (Procuratorate Guo Shuhe)
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